No Subject

[jrnlpub@aip.org]]

Subject: AIP Online Journal License

Dear Subscriber,

Attached are excerpts from AIP's current Online Journal Institutional
Single-Site User License (version 8/02, available at
http://ojps.aip.org/jhtml/ojps/licenses.jsp).  There have been a few
changes to the AIP License over the years, as can be expected in the new
and evolving world of online publishing, and we would like to point these
out to you.  If you are not the correct contact person at your institution
for this message, please forward it to someone more appropriate.

The changes have primarily been to add other publications to the License,
clarify the terms of License, and give the subscriber additional rights.
In addition, there are a few provisions that further clarify the rights of
AIP.  The changes are described more specifically by section below.

If you have any questions, please contact AIP.  Should you wish to have
the License that is currently on file with AIP replaced with the current
version, please sign page 4, provide updated IP information on page 5, and
return it to AIP at the address given on page 4.  In any case, AIP deems
this communication as appropriate notice of these changes in the terms of
the License as provided for in Section 11, and thus all terms from the new
version of the License will go into effect in 30 days unless there is
communication from you explicitly withholding consent.

Sincerely yours,
Thomas von Foerster
Publisher, Journals and Technical Publications
American Institute of Physics

___

Changes to the AIP Online Journal Institutional User License Since the
Original 1996 Version (Section numbers refer to the current 8/02 version)

Section 1.

The original 1996 AIP document was named an "Institutional User
Agreement," but this was modified in later versions to "Institutional
Single-Site User License" to reflect more accurately the nature of the
document.

Originally covering only AIP's eight journals plus eight Translation
journals, the License has since grown to include 36 titles from12
publishers, all on AIP's Online Journal Publishing Service (OJPS)
platform.

The License now explicitly covers usage of the SPIN bibliographic database
and various features of the OJPS platform; the original version did not
make mention of these.

Section 2.

The burden on the Subscriber has been lessened regarding informing
individual users of terms of the License. Original language that the
Subscriber "warrants that each user has agreed to terms/conditions" was
replaced in later versions with a requirement that the Subscriber use
"common and reasonable methods to inform users of terms/conditions."

While the original License defined "Authorized Users," later versions
attempted to clarify allowed usage by defining the "Authorized Site" and
by giving examples of users who fall within and outside of the "Authorized
Users" category.

Section 4.

Permitted uses have been expanded since the original version to explicitly
include saving articles and transmit single articles in person-to-person
exchanges.

Section 5.

Prohibitions against "copying" and "making of copies for transmission to
nonsubscribers" in the original version have been softened in later
versions to cover only "systematic" instances of such activities.  A
number of clarifying wording changes have also been made, including
examples.  Later versions, however, do explicitly prohibit "downloading
portions of the OJPS or Online Journals for the purpose of creating
pre-loaded systematic and persistent local copies (not including
transient, dynamic caches of individually requested material) for
redistribution" and state that all rights "not expressly granted are
reserved to the stated copyright holder." Section 6.

Consequences for violating the terms of the License have been made less
severe, in that termination, which would be immediate according to the
original version, does not occur until 30 days after a violation if it is
not remedied, although access may be suspended.  Later versions also
explicitly state that the License renews upon subscription renewal.

Section 7.

Copyright language in the original version referred to only AIP journals,
but explicit copyright coverage of AIP's OJPS platform and SPIN database
are included in later versions, along with copyrights of other publishers.  
Later versions also remind the Subscriber that unauthorized "copying or
redistribution of any OJPS content is a violation of copyright laws."

Section 9.

This section on "Archive Rights of Subscribers" was added to later
versions and provides the Subscriber with the right to purchase a low-cost
physical archive copy (e.g., a CD-ROM) covering any subscription term from
1999 onward and which the Subscriber may load onto its own systems.
Original wording for this Section limited use to a single library
building, but subsequent versions allow access by Authorized Users from
anywhere in the Authorized Site.

The section on "Official Version of Record" that appeared as Section 9 in
the original version has been deleted.

Section 10.

The later versions of the License specify that AIP is authorized to
execute the License on behalf of the publishers and publications added
after the original version.  To the list of items not warranted by AIP,
"compliance with any computational process"  was added to later versions
of the License, and the clarifying clause "In the event of a breach" was
added in the third paragraph,

Section 11.

The original version stated that the License may amended in writing by
both parties, with later versions indicating that it may be amended by
mutual consent via mail, email, or fax. Later versions also indicate that
if "AIP sends notice to the Subscriber of changes in the terms of this
License, lack of response by the Subscriber within a thirty (30) day
period will be taken as acceptance of the new terms" and that the
"Subscriber may not make any changes" to the License without AIP's written
consent.

The later versions of the License included explicit mention of Value Added
Taxes along with other taxes, and excluded the prior requirement that any
legal actions would be brought in Nassau County, New York.

--end--